Designs and Models

– Law No. 4 of July 15, 1962, on Patents, Designs and Industrial Models (Part Two).
– Decree by-law No. 4 of 1999, in the matter of amendment of certain provisions of the Law No. 4 of 1962.

Membership in International Conventions

– WTO’s TRIPS Agreement, since January 1, 1995.
– Convention Establishing the World Intellectual Property Organization (WIPO), since July 14, 1998.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since December 2, 2014.

Filing, Examination, Protection

Filing requirements for an application (to be sent to resident agent):
1. A legalized power of attorney;
2. 2 representations of each design or model, on paper 21 x 21 cm (not on cardboard) of which one side only shall be used. The figure of the design or model shall be placed in an upright position on the sheet. When more than one figure of the design or model is shown, these shall be on the same sheet, and each shall be designated as “perspective view”, “front view”, “side view” or as the case may be. Where the representation is drawn by hand, it shall be in ink, on paper or tracing cloth. The representations may not be substituted by samples of products for which the design or model is to be applied; however, a sample of the product to which the design is to be applied, may be furnished, if it can be fixed on paper 21 x 21 cm and pressed without causing damage to the accompanying documents;
3. A brief description of the model and/or drawings;
4. Where the applicant is a company or a body, an extract of its registration in the Commercial Register, or a Certificate of Incorporation (legalized);
5. Where the application is made under Article 50 of the Law, a representation of the designs or models which were filed with the application for registration with the foreign State, within a period not exceeding three months;
6. Where the application is made under Article 49 of the Law (national or international exhibition), a certificate of temporary protection;
7. Name, address, nationality and occupation of the applicant.

Examination: the Kuwaiti Patent Office has started examination of design applications that were filed since the year 1993 and whose protection is still valid. Applications filed earlier must be re-filed. Examination as to form, local novelty, and industrial applicability. Accepted applications are published in the Official Gazette.

Oppositions: can only be filed before the court.

Duration: the protection period of a design application is ten years as from the filing date.

Renewal: not applicable.